A 34-year-old man accused by Baltimore Police of drunkenly assaulting another man with a handgun and firing the weapon at a brick wall discharged his public defender to hire a private attorney on Aug. 12 after a lengthy discussion with counsel and Baltimore City Circuit Court Judge Melissa M. Phinn.
Rick’Kell Johnson is currently facing first- and second-degree assault as well as three weapons charges, including discharging a firearm, for the March incident. During Wednesday’s reception court hearing, Johnson told Judge Phinn he hasn’t spoken with defense attorney Sarah West since late April, despite several attempts. West acknowledged difficulties contacting Johnson, noting multiple attempts since May, most recently two unsuccessful Zoom calls in the past week.
When questioned by Judge Phinn, West admitted she didn’t attempt to visit Johnson in jail prior to his June 5 release to the Powell Recovery Center for alcohol treatment, but did send him some discovery, such as photos and lab reports in an email last month.
“It appears the communication between you and Mr. Johnson has completely broken down,” Judge Phinn said.
The prosecutor also explained that it was “an error on my part” for providing some discovery beyond the 30 day deadline required under Maryland law.
“I just want to put my trust and faith in someone who is going to properly represent me,” Johnson said, adding that he still hadn’t received any of the evidence against him. However, Judge Phinn assured the defendant would receive discovery on Wednesday.
Judge Phinn granted Johnson’s request to discharge West from his case.
Earlier in the proceeding, Johnson rejected a plea offer from the prosecution that included 20 years, suspending all but eight years, three years of supervised probation and alcohol screening and treatment for first-degree assault, a concurrent five years without parole for using a firearm in the commission of a violent crime, and a concurrent five years, suspending all but one year, and three years of supervised probation for having a handgun on his person.
Johnson would have also been required to register as a gun offender in accordance with the plea agreement.
Judge Phinn, the prosecutor and the defendant agreed on a three-day trial before Judge Kendra Y. Ausby, beginning Nov. 4. Johnson’s trial is expected to conclude one day before his Hicks right to be tried within 180 days of his or his attorney’s first court appearance.
According to court documents, the victim was cleaning his vehicle on the 0 block of E. Wells Street and heard a “pop” around 7 p.m. on March 26. He saw Johnson walking toward him with a handgun and the victim unsuccessfully attempted to hide.
The victim reported that when Johnson approached him, the defendant said, “Give me everything you have. Give me your wallet.” The victim told Johnson he did not have his wallet, but offered his cell phone before Johnson responded that he was “just f***ing with” him and handed the gun to the victim.
While briefly holding the weapon, the victim realized it had no magazine. Moments later, Johnson loaded the weapon and fired once in the direction of a brick wall.
Police reported that Johnson — who smelled of alcohol and had slurred speech — put the handgun on the top of the victim’s vehicle and began urinating next to a wall. At that time, the victim unloaded the firearm, put the 16-round magazine on the floor of his vehicle’s backseat and called police.
Court documents state Johnson put the handgun on the front driver’s seat of the victim’s car when he saw police arriving. He was arrested without incident and a black Springfield Armory USAX 9mm semi-automatic handgun was recovered from the front seat by police.
During the police investigation, three witnesses also reported seeing Johnson waving a handgun in the air near the intersection of Marshall Street and E. Barney streets moments after the shooting.
